Operating Engineers Health And Welfare Trust Fund et al v. FE Demolition West, LLC
| Operating Engineers Health And Welfare Trust Fund, Dan Reding, James E. Murray, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers Health And Welfare Trust Fund, Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, Operating Engineers Local Union No. 3 Vacation, Holiday, And Sick Pay Trust Fund and Operating Engineers Local 3 Heavy And Highway Trust Fund |
| FE Demolition West, LLC |
| 3:2023cv06079 |
| November 22, 2023 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Sallie Kim |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on May 13, 2024. A more recent docket listing may be available from PACER.
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| Filing 13 Minute Entry for proceedings held before Judge Vince Chhabria: Initial Case Management Conference held via Zoom on 12/8/2023. Plaintiff informed the Court that defendant is not represented and they don't have the resources to obtain an attorney and would rather resolve the outstanding amounts through a payment plan with the stipulated judgment. Court concerned that the process was improper, with no indication that the complaint was served on the defendant. Plaintiff to file proof of service on the docket and obtain new signature from the defendant for the stipulated judgment. Any future renewed judgment to follow the verbiage as stated on the record regarding the Court retaining jurisdiction for purposes of enforcing the settlement. Court denied #10 Stipulated Judgment without prejudice for the reasons as stated on the record. Case Management Statement due by 2/2/2024. Further Case Management Conference set for 2/9/2024 at 10:00 AM by Videoconference Only. Total Time in Court: 10 minutes. Court Reporter: Hearing recorded via Zoom: 10:29 - 10:39. Plaintiff Attorney: Tino Do. Defendant Attorney: No appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 12/8/2023) |
| Filing 12 CLERK'S NOTICE PROVIDING ZOOM ACCESS AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. Initial Case Management Conference set for 12/8/2023 at 10:00 AM by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Monday, December 4, 2023, by no later than 4:00PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.),.(bxs, COURT STAFF) (Filed on 12/1/2023) |
Filing 11
ORDER re #10 Stipulated Judgment. A case management conference is scheduled for December 8, 2023, at 10:00 AM by Zoom. The parties do not need to file a case management statement beforehand. Signed by Judge Vince Chhabria on December 1, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 12/1/2023)
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| Filing 10 STIPULATION WITH PROPOSED ORDER filed by James E. Murray, Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, Operating Engineers Health And Welfare Trust Fund, Operating Engineers Local 3 Heavy And Highway Trust Fund, Operating Engineers Local Union No. 3 Vacation, Holiday, And Sick Pay Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers Health And Welfare Trust Fund, Dan Reding. (Do, Tino) (Filed on 11/27/2023) |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 11/27/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 11/27/2023)
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| Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 11/27/2023) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/19/2024. Initial Case Management Conference set for 2/26/2024 01:30 PM in San Francisco, Courtroom C, 15th Floor. (sec, COURT STAFF) (Filed on 11/24/2023) |
| Filing 6 Summons Issued as to FE Demolition West, LLC. (sec, COURT STAFF) (Filed on 11/24/2023) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James E. Murray, Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, Operating Engineers Health And Welfare Trust Fund, Operating Engineers Local 3 Heavy And Highway Trust Fund, Operating Engineers Local Union No. 3 Vacation, Holiday, And Sick Pay Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers Health And Welfare Trust Fund, Dan Reding.. (Do, Tino) (Filed on 11/22/2023) |
| Filing 4 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/6/2023. (as, COURT STAFF) (Filed on 11/22/2023) |
| Filing 3 Certificate of Interested Entities by James E. Murray, Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, Operating Engineers Health And Welfare Trust Fund, Operating Engineers Local 3 Heavy And Highway Trust Fund, Operating Engineers Local Union No. 3 Vacation, Holiday, And Sick Pay Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers Health And Welfare Trust Fund, Dan Reding re #1 Complaint,, #2 Proposed Summons (Do, Tino) (Filed on 11/22/2023) |
| Filing 2 Proposed Summons. (Do, Tino) (Filed on 11/22/2023) |
| Filing 1 COMPLAINT against FE Demolition West, LLC ( Filing fee $ 402, receipt number ACANDC-18862666.). Filed by Operating Engineers And Participating Employers Pre-Apprentice, Apprentice And Journeymen Affirmative Action Training Fund, James E. Murray, Operating Engineers Local Union No. 3 Vacation, Holiday, And Sick Pay Trust Fund, Dan Reding, Operating Engineers Local 3 Heavy And Highway Trust Fund, Operating Engineers Health And Welfare Trust Fund, Pension Trust Fund For Operating Engineers, Pensioned Operating Engineers Health And Welfare Trust Fund. (Attachments: #1 Civil Cover Sheet)(Do, Tino) (Filed on 11/22/2023) |
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